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(영문) 대구지방법원 2013.03.22 2011고단4699
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 1, 201, the Defendant, around 20:45, around 105, around 105, 105, 104, the C building 105, and around 104, the Defendant, living together with another male, and, on the ground that the victim D (the age of 44) who was divorced, was hiding with the other male, concealed it to the Defendant, and received living expenses, such as child support, etc. from the Defendant, and displayed the victim’s house knife, which is a dangerous object to be prepared in advance through the artificial phone (the total length of 32 cm, the day length of 23 cm, and the day length of 23 cm), led the sound, and led the female to a 40-minute threat.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to an investigation report;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) the Defendant, while having a knife, threatened his wife by finding out his knife at the time of divorce; (b) the victim did not suffer physical damage; but (c) when considering the knife of the victim at the time, the Defendant’s act is very dangerous and the Defendant’s act should be subject to strict criminal punishment per response as an offense in which the victim was fl

However, the circumstances, such as the confession of the Defendant to commit the instant crime, the detention for a period of two months, the depth of the mistake is divided and reflected, and the Defendant’s re-influences in the future, and there is no record of punishment for heavier punishment than suspended execution and there is no record of punishment for heavier punishment, and all the various aspects of the punishment as ordered shall be determined by taking into account the two factors.

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